Article 51Act No. 3815, Sec./Art. 51

Penalty to be imposed upon principals of attempted crimes.-A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

(a) The period of probation of a defendant sentenced to a

term of imprisonment of not more than one year shall not

exceed two years, and in all other cases, said period shall

not exceed six years.

(b) When the sentence imposes a fine only and the

offender is made to serve subsidiary imprisonment in

case of insolvency, the period of probation shall not be

less than nor to be more than twice the total number of

days of subsidiary imprisonment as computed at the rate

established, in Article thirty-nine of the Revised Penal

Code, as amended.

Section 15. Arrest of Probationer; Subsequent Disposition.

At any time during probation, the court may issue a

warrant for the arrest of a probationer for any serious

violation of the conditions of probation. The probationer,

once

arrested

and

detained,

shall

immediately

be

brought before the court for a hearing of the violation

charged. The defendant may be admitted to bail pending

such hearing. In such case, the provisions regarding

release on bail of persons charged with a crime shall be

applicable to probationers arrested under this provision.

In the hearing, which shall be summary in nature, the

probationer shall have the right to be informed of the

violation charged and to adduce evidence in his favor. The

court shall not be bound by the technical rules of

evidence but may be inform itself of all the facts which

are material and relevant to ascertain the veracity of the

charge. The State shall be represented by a prosecuting

officer

in

any

contested

hearing.

If the violation is

established,

the

court

may

revoke

or

continue

his

probation and modify conditions thereof. If revoked, the

court shall order the probationer to serve the sentence

originally

imposed.

An

order

revoking

the

grant

of

probation or modifying the terms and conditions thereof

shall not be appealable. (as amended by PD No 1257)

Section 16. Termination of Probation. After the period of

probation and upon consideration of the report and

recommendation of the probation officer, the court may

order the final discharge of the probationer upon finding

that he has fulfilled the terms and conditions of his

probation and thereupon the case is deemed terminated.

The final discharge of the probationer shall operate to

restore to him all civil rights lost or suspended as a result

of his conviction and to totally extinguish his criminal

liability as to the offense for which probation was granted.

The probationer and the probation officer shall each be

furnished with a copy of such order. (as amended by RA

No 10707, November 26, 2015)

Section 17. Confidentiality of Records. The investigation

report

and

the

supervision history of a probationer

obtained under this Decree shall be privileged and shall

not be disclosed directly or indirectly to anyone other

than

the

Probation

Administration

or

the

court

concerned, except that the court, in its discretion, may

permit the probationer of his attorney to inspect the

aforementioned documents or parts thereof whenever

the best interest of the probationer make such disclosure

desirable

or

helpful:

Provided,

Further,

That,

any

government office or agency engaged in the correction

or rehabilitation of offenders may, if necessary, obtain

copies of said documents for its official use from the

proper court or the Administration.

Section 18. The Probation Administration. There is hereby

created under the Department of Justice an agency to be

known as the Probation Administration herein referred to

as

the

Administration,

which

shall

exercise

general

supervision over all probationers.

The Administration shall have such staff, operating units

and personnel as may be necessary for the proper

execution of its functions.

Section 19. Probation Administration. The Administration

shall

be

headed

by

the

Probation

Administrator,

hereinafter referred to as the Administrator, who shall be

appointed by the President of the Philippines. He shall

hold

office

during good behavior and shall not be

removed except for cause.

The Administrator shall receive an annual salary of at least

forty thousand pesos. His powers and duties shall be to:

(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation

officers;

(c) make annual reports to the Secretary of Justice, in

such form as the latter may prescribe, concerning the

operation,

administration

and

improvement

of

the

probation system;

(d) promulgate, subject to the approval of the Secretary of

Justice, the necessary rules relative to the methods and

procedures of the probation process;

(e)

recommend

to

the

Secretary

of

Justice

the

appointment

of

the

subordinate

personnel

of

his

Administration

and

other

offices

established in this

Decree; and

(f) generally, perform such duties and exercise such

powers as may be necessary or incidental to achieve the

objectives of this Decree.

Section 20. Assistant Probation Administrator. There

shall be an Assistant Probation Administrator who shall

assist the Administrator perform such duties as may be

assigned to him by the latter and as may be provided by

law. In the absence of the Administrator, he shall act as

head of the Administration.

He shall be appointed by the President of the Philippines

and shall receive an annual salary of at least thirty-six

thousand pesos.

Section

21.

Qualifications

of

the Administrator and

Assistant

Probation Administrator. To be eligible for

Appointment as Administrator or Assistant Probation

Administrator, a person must be at least thirty-five years

of age, holder of a master's degree or its equivalent in

either criminology, social work, corrections, penology,

psychology, sociology, public administration, law, police

science,

police

administration,

or

related fields, and

should have at least five years of supervisory experience,

or be a member of the Philippine Bar with at least seven

years of supervisory experience.

Section 22. Regional Office; Regional Probation Officer.

The Administration shall have regional offices organized

in

accordance

with

the

field

service

area

patterns

established under the Integrated Reorganization Plan.

Such regional offices shall be headed by a Regional

Probation Officer who shall be appointed by President of

the

Philippines

in

accordance

with

the

Integrated

Reorganization Plan and upon the recommendation of

the Secretary of Justice.

The Regional Probation Officer shall exercise supervision

and

control

over

all

probation

officer

within

his

jurisdiction and such duties as may assigned to him by

the Administrator. He shall have an annual salary of at

least twenty-four thousand pesos.

He shall, whenever necessary, be assisted by an Assistant

Regional Probation Officer who shall also be appointed

by

the

President

of

the

Philippines,

upon

recommendation of the Secretary of Justice, with an

annual salary of at least twenty thousand pesos.

Section 23. Provincial and City Probation Officers. There

shall be at least one probation officer in each province

and city who shall be appointed by the Secretary of

Justice upon recommendation of the Administrator and

in accordance with civil service law and rules.

The Provincial or City Probation Officer shall receive an

annual salary of at least eighteen thousand four hundred

pesos.

His duties shall be to:

(a) investigate all persons referred to him for investigation

by the proper court or the Administrator;

© Compiled By RGL

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